Names of victims of sexual offence should not be indicated in the judgments. The Supreme Court made this observation while deciding a case of rape. Section 228A of the Indian Penal Code makes disclosure identity of victims of sexual offences punishable. This restriction is not applicable in respect to printing and publishing judgments by the Supreme Court and high courts. Keeping in view the social object of preventing victimisation and ostracism of such victims for which the section has been enacted, the Supreme Court observed that it would be appropriate that the name of the victim should not be indicated in the judgments. In the instant case, instead of using the name, the Supreme Court has chosen to describe her as the ‘victim’ in the judgment.
A husband cannot escape criminal proceedings for inflicting cruelty upon his wife by alleging ‘invalid’ marriage. Persons accused of offences under sections 304B (dowry death) and 498A (husband or relative of husband subjecting her to cruelty) alleged that as the prosecution failed to prove that the first marriage was dissolved legally, the second marriage of the victim was invalid and therefore section 304B and 498A had no application. The Supreme Court rejected the contention. The trial court had summarily acquitted the accused and the division bench of the high court upheld such acquittal. The Supreme Court remitted the matter back to the high court (Reema Agarwal vs Anupam & Ors).
A husband refused maintenance on the ground that the wife had been staying separately for 20 years without claiming the same. Therefore, he argued, she was not entitled to maintenance later. The Calcutta High Court held that if the wife does not claim maintenance, she cannot be barred from claiming the sum from her husband later. The court upheld the order of the magistrate awarding maintenance to the wife and the 24-year-old daughter in view of the settled position of the apex court that a daughter attaining majority is still entitled to maintenance till her marriage (Sanyasi Halder vs Bharati Halder).
SOLON
